First son Hunter Biden attempt Monday to have the gun charges against him dismissed in special counsel David Weiss ongoing probe of his activities.
Biden’s attorneys in court filing argued for the dismissal on several ground including that the special counsel was “unlawfully appointed” and therefore lacks the authority to bring charges; the immunity stipulation in part of the failed plea deal still remains in effect and that the gun crimes in question may not be constitutional.
Biden pleaded not guilty to three counts in October, including two counts of “false and fictitious written statement” and one charge of possessing a firearm while being addicted to drugs.
“As the prosecution told the Court, ‘based on the terms of the agreement … we cannot bring firearms charges based on the firearm identified in the factual statement to the Diversion Agreement,’” the lawyers wrote in the court filings.